What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an in
1. Patents
⢠Definition: âA Patent is a right granted to an inventor by the
government which gives him sole control over his invention and
enables him to stop others from making, using, selling, offering to
sell, or importing his inventionâ.
⢠Patent is a monopoly right given by the government to an inventor for
a period of twenty years.
⢠A patent is granted by the National Patent Office of a country or a
Regional Patent Office for a group of countries.
2. Need for patenting
1. Exclusive Rights: As mentioned earlier, patents provide exclusive rights
which allow the inventor to exclude others from using the invention.
Particularly, for 20 years from the date of filing the patent application.
2. Strong Market Position: Since the inventor has obtained the exclusive right
to the invention, the inventor can exercise this right by preventing others from
commercially using the patented invention thereby reducing the competition
and thus establishing a place in the commercial market.
3. Need for patenting
3. Higher Returns on Investments: Having invested a considerable
amount of time and money in developing the invention, under the
umbrella of exclusive rights, the inventor could bring in the invention to
the commercial market and thus obtain higher returns on the
investment. Of course, this depends on the economic utility of the
patent. For this reason, the inventor must ensure the commercial
viability of the patent before investing in a patent.
4. Need for patenting
4. Opportunity to License or Sell the Invention: Sometimes, the inventor might
not want to exploit the invention himself. In such cases, the inventor can sell
or license the rights to commercialize it to another enterprise. This would
result to bring royalty and revenue to the inventor.
5. Positive Image for the Enterprise: Business partners, investors, and
shareholders may perceive the patent portfolios as a demonstration.
Particularly, the high level of expertise that is provided by the subject matter
experts. This acts as a spectacle of the organizationâs capability. Further, this
may prove useful for raising funds, finding business partners and also increase
the companyâs market value.
5. 6. Strategic Partnerships, Mergers and Acquisitions, IPO, and Higher Sale Price: A
patent or a patent portfolio may provide substantial value for entering new markets
through strategic partnerships, or in mergers and acquisitions, and for getting a
startâup company listed on the stock exchange through a good initial public offering
(IPO) or for getting a higher sale price of an established company. In fact, one of the
most valuable assets that a technology company could have is a portfolio of patents
consisting of patents that may be owned, coâowned or licensed from others.
7. Add New Revenue Stream: You may be able to add a new revenue stream by
licensing a patent, or better still, a portfolio of your patents.
6. 8. Convoyed sales: When a customer goes to a shop to buy one item, he often ends
up buying other related items. Similarly, when a customer is attracted by a patented
improvement of a product, increased sales of nonâpatented articles may follow. This
happens when the patented product is a component of a more complex product or
the patented product is sold in association with other products. These types of linked
sales are known as addâon, collateral, derivative, followâon or convoyed sales.
9. Basis for Recognition and Rewarding Employees: A patent allows you to
recognize or reward the tangible achievement to your inventorâemployees.
7. Types of Patents
⢠Patents protect inventions and new discoveries that are new and non-
obvious.
⢠There are 3 types of patents: utility patents, design patents, and plant
patents.
⢠Each type of patent has its own eligibility requirements and protects a
specific type of invention or discovery.
8. Utility Patents
⢠Utility patents, also known as âpatents for invention,â are the most
common patents.
⢠They are issued in connection with new and useful processes,
machines, manufactures, compositions of matter, or improvements.
⢠A utility patent can also be obtained for new and useful
improvements to existing processes, compositions of matter,
machines, and manufactures.
9. Design patents
⢠This patent offer protection for an ornamental design on a useful item.
⢠Design patents are issued in connection with new, original, and ornamental
design that is contained within or applied to something that is
manufactured.
⢠They are less expensive and easier to obtain than a utility patent.
⢠A design patent allows the owner to exclude others from making, using, or
selling the patented design for 14 years from the date the patent is
granted.
⢠The time period for design patents may change in the near future.
10. Plant Patents
⢠A plant patent can be obtained to protect new and distinctive plants.
⢠A plant patent protects new kinds of plants produced by cuttings or
other nonsexual means.
⢠Plant patents generally do not cover genetically modified organisms
and focus more on conventional horticulture.
11. Conditions to be satisfied by an invention to be patentable
⢠An invention must meet several requirements to be eligible for patent
protection. These include
ďźConsists of patentable subject matter.
ďźNovelty (New characteristics which are not âprior artâ).
ďźNon-obviousness (An inventive step not obvious to one skilled in the field).
ďźIs capable of industrial application (Utility requirement).
ďźIs disclosed in a clear and complete manner in the patent application
(Disclosure requirement).
12. What is patentable subject matter?
The following are examples of some of the areas that may be excluded from patentability :
ďźDiscoveries scientific theories and Aesthetic creations.
ďźSchemes, rules and methods for performing mental acts.
ďźMere discoveries of substances as they naturally occur in the world.
ďźInventions that may affect public order, good morals or public health.
ďźDiagnostic, therapeutic and surgical methods of treatment for humans or animals.
ďźPlants and animals other than microorganisms, and essentially biological processes for
the production of plants or animals other than non-biological and microbiological
processes.
ďźComputer programs.
13.
14. ⢠Letâs say you have invented a pencil with an eraser embedded to the tip of the pencil. Can the invention be protected
by Patents?
⢠Assuming the pencil with embedded eraser is novel, the next criteria that needs to be fulfilled is inventive step?
⢠Adding an eraser to the tip of the pencil, does it solve a technical problem?
⢠The figure above shows a significant difference on how the eraser is being embedded to the tip of pencil. The first
figure shows that the eraser is directly being connected to the tip of the pencil, which shows that the invention is new.
This idea seems to be obvious for those people who are involved in the pencil manufacturing industry. Further, it is an
obvious step for an ordinary person.
⢠However, the second figure shows that the eraser is being embedded in a way that solves a technical problem wherein
the eraser is attached to the tip in a way that is not easily removable. Hence, the first figure shows that the pencil
fulfills the UI requirements, new and industrially applicable whereas the pencil in the second figure solves a technical
problem and provides a new product that fulfils the patentability requirements, i.e. new, inventive and industrial
applicable.
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20. How long does it take to obtain patent protection?
⢠The time taken for a patent office to grant a patent varies significantly from office
to office and between fields of technology and may range from a few months to a
few years, generally between 2 to 5 years.
⢠Some patent offices have established a procedure for accelerated grant that can
be requested by applicants in specific circumstances
21. Why apply for patents abroad?
⢠Patents are territorial rights, which means that an invention is only protected in
the countries or regions where patent protection has been obtained.
⢠In other words, if you have not been granted a patent with effect in a given
country, your invention will not be protected in that country, enabling anybody
else to make, use, import or sell your invention in that country.
⢠Patent protection in foreign countries will enable your company to enjoy
exclusive rights over the patented invention in those countries.
⢠Patents are territorial rights, which means that an invention is only protected in
the countries or regions where patent protection has been obtained.
⢠In other words, if you have not been granted a patent with effect in a given
country, your invention will not be protected in that country, enabling anybody
else to make, use, import or sell your invention in that country. Patent protection
in foreign countries will enable your company to enjoy exclusive rights over the
patented invention in those countries.
22. How do you apply for patent protection abroad?
⢠There are three main ways of protecting an invention abroad:
⢠The national route: You may apply to the national patent office of each country of
interest, by filing a patent application in the required language and paying the
required fees. This path may be very cumbersome and expensive if the number of
countries is large.
⢠The regional route: When a number of countries are members of a regional
patent system, you may apply for protection, with effect in the territories of all or
some of these, by filing an application at the relevant regional office.
23. ⢠The international route: If your company wants to have the option of protecting an
invention in any number of member countries of the Patent Cooperation Treaty (PCT), then
you should consider filing an international PCT application.
⢠To be eligible to do so, you must be a national or resident of a PCT Contracting State or,
your business must have a real and effective industrial or commercial presence in one of
these countries.
⢠By filing one international application under the PCT, you may simultaneously seek patent
protection for an invention in the more than 125 member countries of the PCT. This
application may be filed either at your national or regional patent office and/or at the PCT
receiving office at the World Intellectual Property Office (WIPO) in Geneva, Switzerland